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HomeMy WebLinkAbout04-4818PROTHONOTARY: INDEX AGAINST A~LL PARTIES AS PLAINTIFF ~ AGAINST A~LL PARTIES AS DEFENDANT ~WAIVER OF LIEN,~ THIS INSTRUMENT executed this ~. ,~r-'x~a day of ~_~,n'T, 2004, by Diamond Automatic Sprinklers, Inc., a Pennsylvania corporation, with an office at $18 N Walnut Street, Mt Holly Springs, PA, 17065 ("Subcontractor,,), in favor of SHIPPENSBURG PROPERTIES, L.P., a Pennsylvania limited partnership, with an office at One Atlantic Avenue, Pittsburgh, PA 15202-1707 ("Owner"). WITNESSETH: A. Owner and Contractor have entered into a certain Contractor Agreement dated December 18, 2003 (the "Contract") for the erection and construction ora retail shopping center (the "Improvements',) (including, without limitation, site work, buildings and other improvements) on certain parcels of ground Iocat~l on South Conestoga Drive, Shippensburg Township, Cumberland County, Commonwealth of Pennsylvania (the "Property"). The Property is more fully described on Exhibit "A" attached hereto and made a part hereof. B. Contractor and Subcontractor have entered into a certain written agreement dated ~ C~.,~'{'- ,, ,r'~. "b~ · ~', for the ("Subcontract"). construction and completion of a portion of the Improvements C. By the terms of the Prime Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's Hans would be filed or maintained against the or the estate or title of Owner (or any other person or entitv~ · ,, ~ ,, Improvements appurtenances thereto, either by itaelf or an~,on- -~-- e__ -_-_., i m the Pm. pe. rty of a,,y part Lhereof, or the ~ ~ ~,o~ ,ur ur on account orany work, labor ofmeterials supplied in the performance of the Contract, or under an , erection, construction or completion of the Im,~.,-, ..... ~ s_?~.plem~ental contract for extra work, or in the r ..... ,,~,ta un me ~'roperty or any appurtenances thereto. NOW, THEREFORE, in consideration of the Subcontract, Prime Contract and the covenants of the Owner therein contained, and intending to be legally bound hereby: I. The Subcontractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or claim, or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim, or other lien or claim of any kind whatsoever, shall be filed, claimed or maintained against the Improvements or the estate of title of Owner (or any other person or entity) in the Property or the appurtenances thereto, by or in the name of subcontractor, or any sub-subcontractor, materialman or laborer for work done or materials furnished under the Subcontract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof. Shippen Towne Cenlte Waiver of Liens 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion anyone, of the Improvements as to any work and labor done and materials furnished ~nder the Contract. No claim shall be filed by 3. In order to give the Owner full pOwer and authority to protect itself, the bnprevemants, the Property, the estate or title of Owner or a appurtenances thereto, against any all liens ,,, ,.[.:-- ~,'(I. n.y other person or entity) the ' ,,,,~ +~.- oy .... ~,~,~.u, rractor or anyone acting under or through it in violation of the foregoing covenant, the Subcontractor or anyone act ng under or th in violation of the foregoing covenant, the Subcon · · any attorney et'any Court of Common Plen- -"-,- tr~ctor hereby irrevocably authori .... ., _ rough it ..... a ultne ~:Ommonweal+;, ..~,~- . . --,.o m,u empOwers for it, them or any of them, in any such Court, and in ' . -' ~'-,-;nnsyivama, to appear as attorney Its or their name or names, (a) to the extent permitted by law, mark satisfied of record at the cost and expense of the Subcontractor or of any sub- subcontractor or materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing COvenant, or (b) cause to be filed and served, in the name of the Subcontractor or any sub-subcontractor or anyone else acting under or through Subcontractor, liens, any plead, lng or instrument, or any amend in coanecti.on with such claim or claims, lien or or them, and to incorporate therein ...... ,-., merit to. any pleading or instrume-, -~..-. ...... --, '.~ pa. t u~me recoro d~...,.: ........ .,- I*";vEUUSly lllea I)¥ it such act or acts this instrument shall be good and su~cient warrant and authority. A reference to the ..... ,~,-=r conramc~ in this instrument, and ~ror court, term and number m which and where this Agreement shall have been filed shall be conclusive evidence et'the authority herein contained to warrant such action, and the Subcontractor, for itself'and .for them, hereby remisos, releases and quit-claims all rights and all manner et'errors, defects and Imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. 4. The Subcontractor hereby warrants that no work or labor, et*whatsoever kind of nature, has as yet been done and that no materials or san, icas whatsoever have as yet been t'umished by anyone, under, towards or in connection with the execution or performance et'the Contract. $. This Waiver shall bind assigns, and shall run to the benefit the Subcontractor and its sub-subcontractors, successors, and et'the Owner and its successors, assigns and grantees and all future owners et' fee simple title to any et'the Property. IN W~TNESS WHEREOF, the ' as of the day and year first above written, undersigned Subcontractor has executed this instrument ATTEST: Diamond Automatic Sprinklers, Inc. Its: (SEAL) Name: --~ '~'q.'rd ~ e,-t,,9 ¢,.t.~L,.t ShJppen Towne Cenke Waiver et'Liens COMMONWEALTH OF PENNSYLVANIA ) COUNTy OF On this ._/_~.~. dh), of ,S'~,~ ~' . appeared_.~-~_~,.~) G,,.~,.~~ ~.20~, ~fom me, the unde ;~-~ ~ nameissubscrib~t~.~~t '~°~tome(orsatis~orJ~__ ~'~"~.omc~,personall~ ~. _ ~ --,mm ms~ument, ~d ac~ ~.~.~ .~_. [,~ ~ven) ~o ~ the pe~on whose CO~ra~on~d~at~_. ~'~~~. ~a~._~,- ~;. - ~ such Omeer ~ing authori~ ~ L ~~~ ~, ~ the Pu~s the~in ~n~ined by si~ing the n~e of the co.ration by himself as such officer. ~ ~ESS ~OF, I he.unto ~t my hand and official seal. My Commission ~ · . . . ~ ~ ~O~nal S~l) [ ~ · Shjppen Towne Cemre Waiver of Liens CoumyofCumt~ria~ Townsh/ - Con Dri p of Sh/ppens Lot estoga ye Acres 4.350 Dcc~ 002~.n~,~b~- A-3. Map NO. 36-12-0320..aa~ · ,,,,~,',.,~u. t.ot A-3 PB 88 PG 30 - '""